Judges in New Jersey and Massachusetts dismissed more than 30,000 drunk driving cases in just 12 months because of unreliable breath tests according to New York Times reporters. The newspaper investigated the use of breath-testing devices by police officers, and they claim to have discovered widespread human error and lax official oversight. The report reveals that some breath test devices produced blood alcohol concentration readings that were 40% higher than they should have been. The newspaper published its findings on Nov. 3.
Although New Jersey motorists who are accused of drunk driving often believe that they will automatically face serious consequences, there are certain defenses that can result in an acquittal. In very rare circumstances, affirmative defenses may be utilized. However, highlighting holes in the police officer's observations tend to be more common.
When a person in New Jersey is in ketosis, his or her liver uses fat to create fuel. This process creates acetone that is expelled from the body as isopropyl alcohol each time a person breathes. The isopropyl alcohol may inflate a person's blood alcohol content, which could result in being charged with a DUI. While some parties claim otherwise, it has not been proven that most Breathalyzer devices can tell the difference between ethanol and isopropyl alcohol.
New Jersey is one of many states that have legalized medical marijuana, and the number of states that have legalized recreational use of the drug has been expanding as well. With the increase in legal use of marijuana and the problem of prescription drug abuse, the National Transportation Safety Board is calling for more work to be done to combat the problem of drug-impaired driving.
Drug-impaired driving is increasing in New Jersey and across the U.S., according to the National Highway Traffic Safety Administration. As a result, the agency is launching a new campaign to raise awareness about the issue. The initiative will run through Labor Day, which falls on Sept. 3 this year.
The state of New Jersey imposes many different penalties against those who drive while impaired on drugs or alcohol. Those who are under the age of 21 may lose their license for up to 90 days and be ordered to complete up to 30 days of community service. They may also be required to participate in an alcohol education course. State law says that minors may not have a blood alcohol content of more than .01 percent.
If you drive for about an hour north of Manalapan, you'll come to East Orange, New Jersey. The city is one of several where a municipal judge Wilfredo Benitez presides.